12.5.10 The Commonwealth Ombudsman

Role of the Commonwealth Ombudsman

The Ombudsman and the Law

The activities of the Ombudsman's office are governed by a number of Commonwealth and ACT laws. The most important of these are theOmbudsman Act 1976, theFreedom of Information Act 1982, theComplaints (Australian Federal Police) Act 1981, theTelecommunications (Interception) Act 1979, theACT's Ombudsman Act 1989andFreedom of Information Act 1989.

Powers of the Commonwealth Ombudsman

The Act provides the Ombudsman with an extensive range of powers to investigate actions following a complaint. The Act also provides that the Ombudsman can decline to investigate, for example, if the matter has not been put to the relevant agency. The Act also sets out the limits on the Ombudsman's jurisdiction, for example, the Ombudsman may not investigate some actions related to Commonwealth employment, or the actions of judges and ministers.

Reports of the Ombudsman's investigations

The Act enables the Ombudsman to report in a number of ways following an investigation. However the investigation itself to be conducted in private and with fairness to anyone likely to be criticised.

Ombudsman may recommend payments

The Commonwealth Ombudsman may also recommend that an 'act of grace' payment be made.